In what circumstances will the trial court instruct the jury on a lesser included charge of voluntary manslaughter rather than murder?

California, United States of America


The following excerpt is from The PEOPLE v. WELLS, H033524, No. CC630499 (Cal. App. 2010):

Where there is no substantial evidence that would lead reasonable jurors to conclude that the defendant is guilty of voluntary manslaughter, rather than murder, the trial court need not instruct the jury on that lesser included offense. (People v. Jackson (1980) 28 Cal.3d 264, 305, disapproved on another ground in People v. Cromer (2001) 24 Cal.4th 889, 901, fn. 3.) "[T]he existence of 'any evidence, no matter how weak' will not justify instructions on a lesser included offense, but such instructions are required whenever evidence that the defendant is guilty only of the lesser offense is 'substantial enough to merit consideration' by the jury." (People v. Breverman, supra, 19 Cal.4th at

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p. 162.) "[I]f the evidence which supports a [lesser included offense] is 'minimal and insubstantial, ' the trial court need not instruct on that [offense]." (People v. Jackson, supra, at p. 306.) Such was the case here.

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